User Terms and Conditions

The terms on this webpage set out the legal contract that applies when you purchase products and/or services from the Heka website or app. We’ve worked hard to make these terms easy to understand and avoid legal jargon. But please read them carefully because they are legally binding. 

 

Any purchase of products and/or services which you make through our Website (which we describe below) will be subject to these Terms. 

Who are Heka?

  • Heka is the trading name of GoSweat Ltd. We are the owner and operator of the website www.hekahappy.com its subdomains and app (the “Website”).
  • Our registered office is 65b Landor Road Landor Road, London SW9 9RT and we are a company registered in England and Wales under company number 10399802 
  • The term ‘you’ and ‘your’ refers to the customer, user or viewer of our Website (and ‘your’ will be construed accordingly).

 

How can I contact Heka?

  • You can find out more information about how to contact us Sayhello@hekahappy.com.

 

What do Heka offer?

  • Heka offers you the chance to book physical activities and mental wellbeing experiences (“Experiences”) and to purchase lifestyle products such as nutritional products and meals  (“Products”). This enables you to experience gyms, yoga studios and all types of sports clubs through purchasing vouchers (“Vouchers”) (for your chosen Experience or Product) or membership subscriptions with independent third party providers (“Membership Subscriptions”).

  •  Please be aware that the minimum required age to set up a User Account is 18 and you certify that you meet the minimum required age by agreeing to these Terms.

 

How do I create a User Account? 

  • As you are an employee of one of our partner organisations (our “Partners”) that has signed up to the Website this means you can set up a Heka user account (“User Account”) and become a Heka Member. All purchases are made and managed on your User Account.

  • To create your User Account you will need to register on our Website with your email. 

  • You will also be asked to provide some personal information to set up your User Account, This will only consist of your name, telephone number and email address. We will not store your payment details. You will be taken to a separate and trusted third party payment provider’s web page to set up your preferred payment method.

 

How do I purchase Vouchers and Membership Subscriptions from Providers?

 

Vouchers

  • On the Website you can browse the Experiences and Products via the search function. If are interested in an Experience you can select it and it will take you to the Experience page. This will contain a description of the Experience and the price.

  • If you would like to book an experience, simply click the “book” button on the Experience page.

  • Once you have booked the Experience you should receive an email. This will either contain your Voucher or contain information on how to confirm your purchase with the Provider and arrange for you to attend the Experience or for the delivery of the Product.

  • If you have any queries regarding the Experience or Product we would encourage you to contact the Provider directly.

  • For some purchases (if specified) you will need to contact the Provider to validate your Voucher.

  • If we are unable to accept your Voucher request for whatever reason we will inform you of this in writing and you will not be charged.

  • If your Voucher request is accepted, we will take the appropriate amount from your allowance or charge your chosen payment method. If this payment is not authorised by our third party payment system we reserve the right to cancel your Voucher.

  • Please note that some Experiences are provided to individuals and some are undertaken in groups together with other members of the public. This should be specified in the description of the Experience.

Membership Subscriptions

  • You can purchase Membership Subscriptions on your User Account by selecting the Subscription plan that appeals to you and clicking book.
  • Please see below for more information on Membership Subscriptions.

When I buy an Experience or Product through the Website who is my contract with?

 

  • All of the Experiences and Products available on the Website are provided by Providers. Whilst Heka is pleased to introduce you to these Providers, your agreement will be between you and the Provider for the provision of your Experience. 
  • As we only introduce you to the Provider you will also be subject to any terms and guidance they provide to you either on their premises or before you undertake their Experience. We would strongly advise that you review the Provider’s terms and guidance to check that the Experience is suitable for you. If you have any questions then you should contact them directly.
  • Whilst we have made all reasonable efforts to ensure that we provide Experiences from suitable and professional operators and that they provide to us accurate images and descriptions of their facilities, we do not guarantee the accuracy or suitability of any particular Experience.
  • Heka will not be involved in your agreement with the Provider and we will not have any responsibility for your use of the Voucher with the Provider. If you are dissatisfied in any way, you should contact the Provider. 
  • You are, however, welcome to provide us with your feedback in relation to any Experience you may book or Product you purchase through our Website.

 

What is my allowance?

  • Depending on your benefit plan with your employer, you will be allotted an allowance which can be used to purchase Experiences, Products or Membership Subscriptions on the Website.
  • Your allowance has no cash value or any other value outside of the Heka platform and is not redeemable for cash. You may not transfer, trade, gift or otherwise exchange your allowance.

 

Can I get a refund for my Voucher or Membership Subscription? 

  • As your agreement is with the Provider we are not responsible for your refund. However, we have set up a refund and cancellation page setting out your statutory rights in the event you need to cancel an Experience or Membership Subscription and obtain a refund from one of our Providers.

 What is my relationship with the Provider? 

  • Once you have purchased your Voucher or Membership Subscription, you have a direct contractual relationship with the Provider that we are not involved in. We simply collect your payment for the Experience through your preferred payment method on the Website on behalf of the Provider. 
  • Your access to the Provider’s venue will be governed by that Provider’s terms. If you are not provided with their terms and are not sure about your relationship with them, please talk directly to the relevant Provider. 
  • You should check the Provider terms or contact the Provider directly to ensure that your Experience meets your requirements and that you fulfil any conditions which may be required for participation in your Experience (such as health or age). 

 

What can I purchase on the Website?

 

  1. Timetabled Experiences
  • A Voucher for a timetabled Experience entitles you to participate in an Experience at a specified time and date.
  • If you cannot attend a timetable Experience you must give the relevant Provider at least 48 hours notice. 

 

  1. 100% Discount Codes
  • You may purchase a discount code on our Website. You will then need to contact the relevant Provider to redeem your discount code and organise when you will undertake the Experience or purchase the Product.
  • You will need to redeem the discount code within 31 days of purchase or the code will expire.

 

  1. Day Passes
  • A Day Pass Voucher is valid for one single entrance to the Experience that you have purchased and can be used within a period of 31 days from the time of purchase.
  • If you do not use this Voucher within the 31 day period it will expire.

 

  1. Block Purchase Vouchers
  • These Vouchers are made available by Providers for a series of Experiences over a stated period. This period will be made clear to you when you purchase the Voucher.

 

  1. Special offers 
  • Sometimes our Providers will offer a discount price for an Experience or membership. These may carry additional terms and conditions and may be non-refundable. Please closely read any information that is provided before you purchase anything on our Website that is subject to a special offer. 

 

  1. Membership Subscriptions with a Provider
  • We offer a Subscription plan that enables you to access a Provider’s facilities in a similar way to a traditional gym membership. See below for more details on Membership subscriptions.

 

  1. Product
  • Certain Providers offer Products. These Products and how to pay for them will be specified by the Provider on the Website. Please contact the Provider within 15 days of purchase if you want to exercise your right to have the Products replaced, to pay a reduced price; or to reject the Products and get a refund.

    8. Heka Academy

  • Heka regularly organises activities just for Heka members. By booking onto these sessions, you are understanding that these will be recorded and saved for future Heka members. By booking these sessions, you therefore agree that you may appear in these videos and are happy for the video to be shared with other Heka members.

 

 

How do I pay for a Membership Subscription?

  • You will be charged your monthly subscription fee (a “Subscription Fee”) on the day your subscription is validly purchased. Unless you terminate your subscription it will automatically renew each month. For example, if you purchase a subscription on July 3rd, you will be billed for the first Subscription Fee on that day (or as soon as practically possible after this date). Your subscription will then automatically renew on August 3rd. We shall contact you via email or on your User Account home screen to inform you that your subscription is renewing.  
  • When you purchase a Membership Subscription this may consist of different classes, services, and features and may be subject to additional and differing conditions, prices, policies and limitations which you will be made aware of before purchasing. Your Provider should make the contents of any subscription clear to you. If anything is unclear we recommend you contact them directly. 

What if I want to upgrade or downgrade my Membership Subscription?

  • You may upgrade (choose a higher value package) or downgrade (choose a lower value package) your subscription via your User Account and your Subscription Fee will be changed accordingly.
  • You may only upgrade or downgrade your subscription a maximum time of once per month and only before your Subscription Fee is due. 
  • Your upgraded subscription will commence from the day after your next Subscription Fee is due. 

 

Will my Membership Subscription be subject to change after I purchase it?

  • We may need to modify, cancel or otherwise amend our offered options at any time. 
  • In the event that this substantially impacts upon our agreement with you, we will notify you in advance of the changes via email or on your User Account. You will have the option to agree to the changes or cancel any affected Membership Subscription.

Can I cancel my Membership Subscription?

  • You may cancel your subscription at any time. In order to cancel your subscription and avoid paying your next Subscription Fee, you must cancel at least 5 days before your Monthly Renewal Payment is due. So if your Monthly Renewal Payment is due on the 30th of the month, the last day you may cancel it is the 25th. 
  • You may continue to make use of your subscription until the day before your Subscription Fee would have been due. 
  • If you are looking for a refund please refer to The Heka Knowledge Centre, available at https://www.hekahappy.com/knowledge

 

How will you use my information?

Why might Heka cancel my Vouchers or Membership Subscription?

  • We will have to cancel your Vouchers or Membership Subscription in the event that you stop working for our Partner or our Partner ends their agreement with us. In these scenarios we will contact you to inform you that you have 31 days to use any remaining Vouchers and then your User Account will be shut down. You will be entitled to make use of your membership until the day that your Subscription Fee is due.
  • If we, or one of our Providers, acting reasonably consider that your behaviour is threatening, abusive, or antisocial in any way we have the right to permanently suspend you from using or purchasing our Vouchers or Membership Subscriptions.
  • We may write to you to let you know that we are going to stop providing a particular Voucher or Membership Subscription. 
  • We operate a policy that if you are banned from one of our Providers you are banned from all of them. Please thoroughly review any applicable terms and conditions and club rules of our Providers when attending their premises. If you break their terms, the Partner Venue may ban you and subsequently we may ban you from all of Heka’s Partner Venues.
  • We will always respect our Providers’ right to refuse entry to anyone who does not comply with their terms.  

Is there any other reason my Voucher could be cancelled?

  • If we are unable to accept your Voucher request, we will inform you of this in writing and will not charge you for the Voucher. This might be because of unexpected issues with our Providers which we could not reasonably plan for.

Can the Provider cancel my Voucher?

  • Some Experiences may be dependent on weather conditions and you should check with the Provider for information relating to postponement or cancellation. In the unlikely event that one of our Providers needs to cancel an Experience they will contact you.
  • The Provider may also stop you from accessing their premises or attending their class if you do not comply with any terms that they have provided to you

Legal Stuff

  • Statutory rights. You will always have statutory rights in relation to services that are not as described.  Your statutory rights are not affected by these Terms.
  • What happens if we break these Terms? If we break these Terms, we are responsible for the proportion of loss or damage you suffered that happened as a foreseeable result of our actions, or because we failed to use reasonable care and skill. We are not responsible for any loss or damage that is not “foreseeable”. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.
  • We don’t exclude or limit our responsibility to you if it would be unlawful to do so.  This includes liability for death or personal injury caused by Heka’s negligence, fraud, or breach of your consumer rights. 
  • We are not liable for business losses. We only provide you with a User Account for domestic and private use. If you make any purchases with your User Account for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • What laws apply to these Terms? These Terms are governed by English law and you can bring legal proceedings in the English courts.  If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
  • Complaints handling. If you are not happy with how we have handled any complaint, you may want to submit the dispute to the European Commission Online Dispute Resolution platform, for online resolution by an independent body. 
  • Changes to these Terms. As Heka grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live. The new Terms will not affect any orders placed prior to the go live date, but will apply to future purchases.

Privacy Policy

This privacy policy sets out how Heka uses and protects any information that you give to us when you use this website.

We are committed to treating your personal information responsibly and ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

About Heka

Heka provides an online service owned and operated by GoSweat Ltd or its subsidiary companies (“GoSweat”, “we” or “us”). Please take the time to review this privacy statement which explains the information that Heka collects about you, how we use it, and your rights in relation to that information.

GoSweat Ltd of 65b Landor Road, SW9 9RT, United Kingdom is the data controller of the personal information collected via or in connection with our website hekahappy.com and applicable subdomains  (the “Websites”).

 

What we collect

We collect personal information from you when you provide it to us directly and through your use of the Websites. This information may include:

  • Information you provide to us when you create an account with us, which will include your name, email address and password;

  • Information you provide when using the Websites, for example your telephone number, searches, reviews and comments;

  • Records of your interactions with Heka (e.g. if you contact our support team), for quality control and training purposes;

  • Information you provide to us when you enter a competition or participate in a survey; and

  • Information collected automatically, using cookies and other tracking technologies (e.g. which pages you viewed and whether you clicked on a link in one of our email updates). We may also collect information about the device you use to access our Websites. These tracking technologies include, but are not exclusively limited to; Google Analytics, Hubspot, Facebook, Log Rocket, Hotjar.

  • We may also receive confirmation from one of our Providers if you purchase a voucher from them, for our accounting purposes and to manage the provider’s account with us.

Our payment processor will collect your credit card details for payment purposes. These details are not received or stored by our system and you should review the terms of our payment processor’s privacy policies in relation to their obligations to you, at https://stripe.com.

Sports Providers

If you work for a Sports Provider with whom we partner, we will collect your business contact details as well as other information relevant to our professional relationship with you, including photos to display on the Website, description of activities and times of sessions. We will also maintain a record of your communications with us and with users via our Websites.

We may collect information about you from you directly, from your employer, from a user of our Websites, or from publicly available sources (e.g. your Websites). 

We will use this information for the purposes of developing and maintaining our partnership with you. If you would like to update or delete your  Provider profile on our Websites, please contact us.

 

Company Partners

If you work for a company with whom we partner, we will collect your business contact details as well as other information relevant to our professional relationship with you. We will also maintain a record of your communications with us and with users via our Websites.

We may collect information about you from you directly, from your employer, from a user of our Websites, or from publicly available sources (e.g. your company Websites).

We will use this information for the purposes of developing and maintaining our partnership with you. If you would like to update or delete your Partner profile on our Websites, please contact us.

 

Job Applicants

If you apply for a job with Heka, we will collect and use the information you provide to us in the course of your application to assess your suitability for the position you have applied for and for other roles in future, and to monitor diversity and equal opportunities within our recruitment process. Please note that as part of the application process, we may also collect information about you from third parties, for example recruiters, referees, or from publicly available sources (e.g. LinkedIn). Please visit our Websites for more information about careers at Heka, or contact us using the details below.

 

What we do with the information we gather

We require this information to understand your needs and provide you with a better service. 

Depending on how you use our Websites, your interactions with us, and the permissions you give us, the purposes for which we use your personal information include:

  • To fulfil requests submitted via the Websites and maintain your online account;

  • To contact you about your use of the Websites and send you recommendations and updates;

  • To manage and respond to any queries or complaints to our customer service team;

  • To personalise the Websites to you and show you content we think you will be most interested in, based on your account information and your history on the Websites;

  • To fulfil our obligations to the Providers we work with;

  • To improve and maintain the Websites, and monitor its usage;

  • For market research, e.g. we may contact you for feedback about your experience on our Websites;

  • To send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so;

  • For security purposes, to investigate fraud and where necessary to protect ourselves and third parties; and

  • To comply with our legal and regulatory obligations.

  • Our own internal record keeping.

  • We may use your information for the purposes of providing you with our services and customer care.

  • We may need to disclose your information to public authorities, if required by law.

  • We may use the information to improve our products and services.

  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided, if you have agreed to receive this information.

Our basis for processing under UK data protection law

Generally, we rely on your consent to process the personal information collected via our Websites, so that we can provide you with the services we offer; for example, when you create an account with us, browse for activities or purchase a voucher. You can withdraw your consent at any time (see ‘Storage and Deletion’ below), but if you do so we will need to delete your account and you will no longer be able to conduct any transactions via our Websites.

We may also process your personal information where it is in our legitimate interests to do so, in order to maintain our Websites and conduct our business. For example:

  • We conduct an analysis on our user base and the searches made via our Websites;

  • We may contact you after you have used our Websites for our own internal research purposes.

 

Marketing & Advertising

We love to communicate with our users and so, depending on your marketing preferences, we may use your personal information to send you marketing, including by email, SMS or post. Some of these messages may be tailored to you, based on your previous use of our Websites.

If you no longer want to receive marketing communications from us (or would like to opt back in!), you can change your preferences at any time by contacting sayhello@hekahappy.com, clicking on the ‘unsubscribe’ link in any email, or visiting ‘Settings’ in your account.

If you unsubscribe from marketing, please note we will still contact you with service messages from time to time, including to send you information in response to a request you make on the Websites.

You may also see adverts for our Websites on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to users who have visited our Websites). Where you see an ad on social media, this may because we have engaged the social network to show ads to our users, or others who match the demographic profile of our users. In some cases, this may involve sharing your email address with the social network. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third party websites.

 

Who do we share this personal information with?

We share users’ personal information with third parties in the following circumstances:

  • With sports providers, to pass on your purchase or specific query. Please note, however, that Heka does not share your full contact details with providers. The only information which they receive from us is your name. Certain Providers may require you to also create an account on their website where additional information is required. 

  • With our professional and legal advisors;

  • With third parties engaged in fraud prevention and detection;

  • With law enforcement or other governmental authorities, in response to a lawful request or court order;

  • In the event that we are involved in a merger or sale of any business assets, the personal information of our users may be disclosed to a potential buyer. In this event, we will make reasonable attempts to ensure the buyer will be bound by the terms of this Privacy Policy; and

  • Otherwise where we have your consent or are otherwise legally permitted to do so.

We also disclose aggregate data, which does not identify any user personally, including to third parties working in media, consumer research and the sports industry (for example, as analysis of popular sports in a given year).

 

Storage and Deletion

Our Websites is hosted by Google Cloud Platform which has servers based around the world, and we may use other international service providers. Consequently, your personal information will be processed in countries outside of Europe, including in countries where you have fewer legal rights in respect of your data than you do under local law. Where we transfer personal information outside the European Economic Area we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate safeguards, including by using the EU Standard Contractual Clauses and the EU-US Privacy Shield. Please contact us if you would like more information about these safeguards.

If you would like to delete your account with Heka, please contact us using the details below. Please note, however, that if you delete your account we may retain some of your details (for example if you have made a complaint about our Websites), for as long as is necessary to protect us from a legal claim. If you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.

 

Users under 18

Our Websites is not intended for, and should not be used by, anyone under the age of 18. We do not knowingly collect personal information from individuals under 18.

 

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. The file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. 

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website or making bookings.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

Use of external tools on our website

  • Google Analytics

Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on which website a data subject has come to a website from (so-called referrers), which subpages of the website were accessed or how often and for which period of time a subpage was viewed. A web analysis is mainly used to optimize a website.

Google Analytics uses cookies. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Our website also uses Google Analytics performance reports relating to demographics and interests.

Further information and Google‘s applicable privacy regulations can be found at https://policies.google.com/privacy?hl=en and https://marketingplatform.google.com/about/

 

  • Hotjar

Occasionally, the web service Hotjar by the company Hotjar Ltd is used on this website. Hotjar captures information about the user's device, their IP address, geographic location, language settings and user interactions such as mouse movements, clicks and keyboard input. In addition, Hotjar uses cookies to recognize visitors. You can find Hotjar’s privacy statement by following this link: https://www.hotjar.com/privacy. You can refuse the usage of Hotjar. Details can be found at https://www.hotjar.com/legal/compliance/opt-out.

 

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may transfer your information to the purchaser of the assets or shares of our company. We may also use your personal information to send you promotional information about third parties which may be of interest to you, if you have ticked the opt-in box.

If you believe that any information we are holding on you is incorrect or incomplete, please write or email us as soon as possible. We will promptly correct any information found to be incorrect.

You may choose to restrict the collection or use of your personal information by emailing us at sayhello@hekahappy.com.

 

Your rights

You have certain rights in respect of your personal information, including the right to access, correct, and request the erasure of your personal information.

You also have the right to object to your personal information being used for certain purposes, including to send you marketing. See ‘Marketing & Advertising’ above, for more details of how to opt-out of marketing.

We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal information, or if you have any questions or concerns regarding your personal information, please contact us using the details below. You are also entitled to contact the UK’s supervisory authority for data protection, the Information Commissioner’s Office, or your local supervisory authority.